Federal Register of Legislation
ASIC Corporations (Changing Scheme and Retail CCIV Constitutions) Instrument 2019/700
About this compilation
Compilation No. 1
This is a compilation of ASIC Corporations (Changing Scheme and Retail CCIV Constitutions) Instrument 2019/700) as in force on 15 November 2022. It includes any commenced amendment affecting the legislative instrument to that date.
This compilation was prepared by the Australian Securities and Investments Commission.
The notes at the end of this compilation (the endnotes) include information about amending instruments and the amendment history of each amended provision.
Contents
Part 1—Preliminary 1 Name of legislative instrument 3 Authority 4 Definitions Part 2—Declaration 5 Registered scheme – changing the constitution 6 Retail CCIV – changing the constitution Endnotes Endnote 1—Instrument history Endnote 2—Amendment history
Part 1—Preliminary
1 Name of legislative instrument This instrument is ASIC (Changing Scheme and Retail CCIV Constitutions) Instrument 2019/700.
3 Authority This instrument is made under subsections 601QA(1) and 1243(2) of the Corporations Act 2001.
4 Definitions In this instrument: Act means the Corporations Act 2001.
Part 2—Declaration
5 Registered scheme – changing the constitution Chapter 5C of the Act applies to all persons in relation to a registered scheme as if section 601GC of the Act were modified or varied by, after subsection (1), inserting the following subsections: "(1B) If the constitution of a scheme sets out a procedure for varying or cancelling rights of a class of members of the scheme, or rights attached to a class of interests under the scheme, those rights may be varied or cancelled by a resolution under paragraph (1)(a) only if that procedure is complied with. Passport Rules (1C) Despite subsection (1), the responsible entity of a registered scheme may modify the constitution of the scheme to the extent the responsible entity reasonably considers necessary to ensure the constitution: (a) is consistent with section 4 of the Passport Rules for this jurisdiction; and
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